Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

Glossary

An amendment that redefined the term disability under the Americans with Disabilities Act of 1990 (ADA) to broaden coverage of individuals under the Act. Under the ADAAA (Pub. L. No. 110-325), the Equal Employment Opportunity Commission (EEOC) issued new regulations modifying the ADA significantly for employment purposes (for more information, see Disability Definition Under the ADA and ADAAA Comparison Chart).

The final regulations:

Articulate a significantly lower standard for establishing a disability and emphasize that the threshold issue of coverage should be a quick and easy analysis in favor of coverage.
Provide examples of major life activities recognized by the ADA. For more information, see Disability Definition Under the ADA and ADAAA Comparison Chart: Major Life Activities.
Provide that mitigating measures cannot be considered when determining whether an individual has a disability (with the exception of ordinary eyeglasses and contact lenses).
Explain that conditions that are episodic or in remission are disabilities if they substantially limit a major life activity when the condition is active.
Modify the definition of being regarded as having such an impairment (for more information, see Disability Definition Under the ADA and ADAAA Comparison Chart: "Regarded as" Having a Disability).
Clarify that individuals covered under the ADA because they are regarded as having a disability are not entitled to reasonable accommodation. For more information, see Practice Note, Disability Accommodation Under the ADA.

The ADA is enforced by the EEOC. For more information, see Practice Note, Disability Discrimination Under the ADA.

Americans with Disabilities Act Amendments Act of 2008 (ADAAA) | Practical Law